amendment_5_01.16.10.doc

AG-82B1-S-10-0040 Amendment 5

USDA – Forest Service Intermountain EROC

740 Simms St.

Golden, CO 80401-4720 USDA-Forest Service (Address Offers/ to this address) Idaho Montana Acquisition Zone (IMAT) 3815 Schreiber Way

Couer d’Alene, ID 83815

FORMCHECKBOX

AG-82B1-S-10-0040 Recovery L.Bvr.

9B. DATED (SEE ITEM 11)

12.21.09

FORMCHECKBOX

10A. MODIFICATION OF CONTRACT/ORDER NO.

10B. DATED (SEE ITEM 13)

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

FORMCHECKBOX

The above numbered solicitation is amended as set forth in item 14. The hour and date specified for receipt of Offers FORMCHECKBOX is extended, FORMCHECKBOX is not extended.

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods:

(a) By completing Items 8 and 15, and returning 1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS,

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

THE CONTRACT ORDER NO. IN ITEM 10A.

FORMCHECKBOX

FORMCHECKBOX

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

FORMCHECKBOX

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

FORMCHECKBOX

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor FORMCHECKBOX is not, FORMCHECKBOX is required to sign this document and return 1 copy to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.

Amendment 5 containing the Pre-Proposal meeting questions and answers from 01-13-2010 - See separate Attachment to this amendment 5 for addition of clause to Section I and addition of a county to M.3 4. Utilization of Local Workforce.

RFP closing date and time is EXTENDED to February 12, 2010, 3:00pm local time (PST).

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

(Signature of person authorized to sign)

(Signature of Contracting Officer)

NSN 7540-01-152-8070

Previous edition unusable

Prescribed by GSAFAR (48 CFR)

Pre-Proposal Meeting held at Trout Creek Ranger Station, Montana at 10:00am January 13,2010.

Various USFS folks

Q.1 Where does the costs of temporary roads and their rehab go? If we put it against the logging as a whole it will skew the mandatory pulp removal costs. If we put it against the sawlogs only it will change the price we can offer for sawlogs. My past experience with these type of bids is that if we hit 20% or more increase in costs for an item than the USFS estimate then a hugh red flag occurs in the selection process. Anyway I'm interested in submitting my proposal on the same basis as you expect.

A. Temporary road costs are included as a logging cost and have been reflected in the Timber Appraisal. Amendment Three uploaded several appraisal reports for both mandatory and optional timber removal portions. The specific road rehab of the minning road is a separate service contract item.

Q.2 Tractor skidding listed no blades attached. Is this for width concerns or for dirt movement concerns? Does this apply to rubber tired skidders?

A. This will be changed under the conduct of logging.

Q.3 Are we required to brand pulp? If so, what is the specs. for a brandable piece ?

A. No. Pulp or Non-saw timber is not required to be branded. However sawlogs are to be branded on one end.

Q.4 Will track mounted feller-bunchers and/or excavators be allowed to operate on slopes up to 45% in skyline units?

Q. That would be allowble on a case by case basis per each cutting unit with the concurrence of the Timber Sale Administrator but should conditions in a designated skyline unit indicate this method is not appropriate, it will be stopped and the prescribed logging method will be used.

Q.5 Is this restricted to small business?

A. No. This solicitation is Full & Open competition and is a not set aside.

Note: the clause in the solicitation in Section I - I.11- 52.219-4 Notice of Price Evaluation Preference for HUBZone Small Business Concerns. (note the clause for price evaluation for small disadvanted business concerns is not in this solicitation) Also see K.3 where a HubZone firm can waive this clause by checking.

a) Definition. “HUBZone small business concern,” as used in this clause, means a small business concern that appears on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration.

(b) Evaluation preference.

(1) Offers will be evaluated by adding a factor of 10 percent to the price of all offers, except—

(i) Offers from HUBZone small business concerns that have not waived the evaluation preference; and

(ii) Otherwise successful offers from small business concerns.

(2) The factor of 10 percent shall be applied on a line item basis or to any group of items on which award may be made. Other evaluation factors described in the solicitation shall be applied before application of the factor.

(3) A concern that is both a HUBZone small business concern and a small disadvantaged business concern will receive the benefit of both the HUBZone small business price evaluation preference and the small disadvantaged business price evaluation adjustment (see FAR clause 52.219-23). Each applicable price evaluation preference or adjustment shall be calculated independently against an offeror’s base offer. These individual preference amounts shall be added together to arrive at the total evaluated price for that offer.

(c) Waiver of evaluation preference. A HUBZone small business concern may elect to waive the evaluation preference, in which case the factor will be added to its offer for evaluation purposes. The agreements in paragraph (d) of this clause do not apply if the offeror has waived the evaluation preference.

Offeror elects to waive the evaluation preference.

(d) Agreement. A HUBZone small business concern agrees that in the performance of the contract, in the case of a contract for—

(1) Services (except construction), at least 50 percent of the cost of personnel for contract performance will be spent for employees of the concern or employees of other HUBZone small business concerns;

(2) Supplies (other than procurement from a nonmanufacturer of such supplies), at least 50 percent of the cost of manufacturing, excluding the cost of materials, will be performed by the concern or other HUBZone small business concerns;

(3) General construction, at least 15 percent of the cost of the contract performance incurred for personnel will be spent on the concern’s employees or the employees of other HUBZone small business concerns; or

(4) Construction by special trade contractors, at least 25 percent of the cost of the contract performance incurred for personnel will be spent on the concern’s employees or the employees of other HUBZone small business concerns.

(e) A HUBZone joint venture agrees that in the performance of the contract, the applicable percentage specified in paragraph (d) of this clause will be performed by the HUBZone small business participant or participants.

(f) A HUBZone small business concern nonmanufacturer agrees to furnish in performing this contract only end items manufactured or produced by HUBZone small business manufacturer concerns. This paragraph does not apply in connection with construction or service contracts.

Q.6 What about HubZone Joint Ventures?

A. A HubZone Joint Venture is a recognized type of HubZone business entity. Please contact the Small Business Administration for its definition and how to officially recognized as one.

Note: To be a registered HubZone firm is a process run by the Small Business Administration and can take up to two months to be processed provided the firm actually meets the prescribed definition of a qualified HubZone firm.

Q.7 As this is a service contract, I assume Davis-Bacon rates do not apply?

A. Not true. Davis-Bacon and appropriate clauses for Construction as in Section I of the solicitation’s terms and conditions do apply to any and all Construction work in the Schedule of Items where those are labeled as Construction and or Reconstruction. Items other than Construction are covered by the Service Contract Act and the applicable wage determination appendix.

Q.8 Do road maintenance deposits apply to non-sawtimber removal?

A. Yes, to both non-saw and saw.

Q.9 Is mandatory non-sawtimber required to all be decked and/or removed at the same time sawtimber is removed, or can it be completed at a later date(market related delays are very likely) A. Yes, the USFS will work with the purchasers and if there is adequate decking space opportunities for decking of limited amounts may be allowed. But there is a large quantity of non-saw timber and not a lot of space in the sale area.

Q.10 Division A specs of Appendix B-1 list merch tree specs for non-saw as 4.0"dbh w/ min. 2.5"- 8' piece. /2 note says non-saw is all trees 5.0" to 6.9" dbh. These seem to conflict.

A. Yes they do conflict and it is not 4.0” dbh. It is 5.0 to 6.9 dbh. This will be corrected in the timber removal specs (Appendix B-1) to 5.0” dbh officially by amendment.

Q.11 The small minimum non-saw requirement will create numerous handling problems and will probably produce prices higher than FS estimates(as shown in a number of recent projects where bids were rejected). Any chance this spec could be upped to 16'@ 3" or larger top size?

A. We will proceed with the solicitation as is and resulting proposals per the solicitation and you need to respond to the solicitation as is.

However, should you want to propose an alternative size spec for non-saw timber then go ahead and clearly state so in your General Technical Approach you submit as an alternative in addition to your approach with non-saw specs per the solicitation – again clearly identified as an alternative. then also include another separate and identical Schedule of Items reflecting the effect on price your spec size change alternative would have. So, in that case, there would be two identical Schedule of Items submitted for your prices: One per the solicitation as is and one reflecting any different prices resulting from an alternative, if accepted, different non-saw timber spec as in this question. Make sure the duplicate Schedule of Items is clearly labeled as such.

That particular alternative in the question may result in different prices not only on the timber but also have a “ripple effect” on the associated Stewardship fuel treatment items (piling etc.).

Q.12 What is the definition of non-saw – is all the dead Lodge-pole pine considered non-saw on the sale?

A. Yes it is. Refer back to utilization for being 50 percent pulpable.

Per the utilization specs for non-saw in the solicitation. Not any different than in our usual timber sales on the Kootenai.

Q.13 Would the Forest consider a waiver under product identification for the marginal piece that might have an 8 foot commercial saw-log that otherwise might go to the pulp.

A. No. That is not something we want consider waivers for. We don’t think it is an issue given the taper characteristics of the trees on this sale.

Q.14 How long of a contract period is this?

A. October 1, 2013 as per Section F.3 in the solicitation.

Q.15 Since road construction is involved is there a specific date for its completion?

A. The roads have to be in place before any of the timber or other work can take place. The proposed schedule for road and hence all project work is asked for in the General Technical Approach. Regardless of one’s proposal, any awarded contract will have a submitted schedule subject to approval and work progress will be tracked. Should it appear that the awarded Contractor is behind schedule or appear in any way to be endangering the timely completion of this project then appropriate corrective action will be taken per the contract terms and conditions, by the Contract Officer to remedy it.

Q.16 What is the USFS looking for in the technical (non-price) proposal? How in depth? We don’t want to print a book nor do we want to be too vague.

A. We not looking for “excruciating” details. It is a general approach that should be comprehensive in that it addresses those specific sub-factors, a through e, to the Technical Approach & Key Personnel in the solicitation in provision L.8 AGAR 452.215-71 INSTRUCTIONS FOR THE PREPARATION OF TECHNICAL AND BUSINESS PROPOSALS (SEP 1999) (an excerpt re-copied below from the solicitation. Reading of the entire solicitation is prudent and per this question the entire provision L.8, as it instructs you as to what we want, needs to be read carefully.)

3. Technical Approach & Key Personnel

a. Describe your plan of operations for both timber harvest and stewardship project work. Include a timeline, production capabilities and the rationale for the sequence of work activities identified to ensure all contractual requirements will be completed by the termination date. Include your approach to utilization of biomass and landing cleanup.

b. Name & describe the qualifications of and the role of your Key Personnel in the operations.

1) Over-all Contract Manager

2) Logging Operations Supervisor

3) Fuels Treatment Supervisor

4) Road Construction Supervisor

c. Describe your quality control plan for both the harvesting and stewardship projects. Include details which speak to the frequency of the on-the-ground inspections, and specific delegated individual(s) responsible to conduct these inspections.

d. Describe the equipment you propose to use to accomplish this contract, including both harvest and stewardship projects.

e. Provide a statement addressing your approach to safety on this project regarding public, agency and contractor employee safety.

NOTE: This is NOT a request for a detailed logging or safety plan. After award and prior to beginning work, the Contractor must, as stated in the timber removal specifications, submit a detailed logging and resource protection plan covering each unit and subject to approval by the Contracting Officer.

Please read the Key Personnel clause for contractual matters relating to the naming and retention or substitution of Key Personnel in H.5 in the solicitation. One person may actually function as a Key Personnel in more than one of the defined ones we have indicated.

Q.17 You repeat the term “utilization of biomass”. You want the landings ground up or you want them piled to burn?

A. Under landing clean up we tell you to do the “normal” landing clean up in the Timber specs. Lets think of biomass under this project as being the non-saw we want removed.

Q.18 There has been a law suit or threatened litigation to this project. Would award of this be pending the outcome of this litigation?

A. The USFS had to get approval from our Washington Office to advertise this and ultimately award it. We will proceed under that direction at this point in time subject to any further direction that comes from our Washington Office.

Should legal action come about after the solicitation closes but prior to award, the award would may be put on hold. Per the solicitation, offers are considered “good” for sixty days after solicitation closing date unless an Offeror notes differently. (note block 12 in the Solicitation Offer and Award cover (SF-33) form.

Should legal action interrupt or cause an on-going awarded contract to be terminated for convenience, both parties, depending on the exact circumstances would be subject to the clause in Section I, 52.249-2 Termination for Convenience of the Government. That clause accounts for a fair settlement of costs up to termination but does not allow for projected losses for costs or profit.

Q.19 If you get an injunction on this project and the USFS thinks it has a good case to resolve it and get going again but during the time it is delayed the Contractor will have the performance and payment bonds still tied up for the construction work amount. Can those bonds be released in that situation?

A. That would depend on how long of delay would be involved and that may be difficult to predict when it happens. There would no doubt be some form of remedy should a long delay occur such as but necessarily including a possible reduction of the bond amount. This is speculation of course and any such action should it come to pass would be reviewed by the USFS Office of General Counsel.

Q.20 Concerning the required removal of the non-saw. Storage on site is limited as we know. And we decided to remove the non-saw and want to store it off site prior to selling on the market. Regarding that, you guys say you will not take a lump sum for the USFS says is there….it needs to over a certified scale or are there other options?

A. There are few local scales in the area – Stimson Lumber has scales in the Thompson River Lumber facility and you might be able to approach Stimson to lease them. The USFS would be willing to work up weight scale agreement to re-certify those scales.

Should you be looking at storing the non-saw off site and keeping it on hold before you sell it, we would like you to state that in your General Technical Approach….in other words a situation where you pay the USFS for removal off the sale area and haul it to a staging area then “back haul” the product to a buyer at a later date.

The USFS has had load agreements in the past where a figure was arrived per load and applied at per a formula. The USFS intends to be as flexible as possible given the present market and processing situation for the non-saw timber material.

Q.21 The last evaluation criterion in M.3 is the Utilization of Local Workforce. I noticed that Shoshone County, Idaho is not included in either i, or ii.

A. Shoshone county, Idaho is now included in M.3 - 4. Utilization of Local Workforce. Per the solicitation, the importance of the evaluation criteria is descending order with 4. Utilization of Local Workforce being the lowest.

Q.22 The USFS’s total evaluation is 50 percent price and 50 percent technical.

A. The actual statement from the solicitation under M.3 is this:

All technical factors (the non price factors) when combined, are approximately equal to price. (the prices as submitted in the Schedule of Items).

Under M.2 Evaluation, Negotiation and Award Process under Award Statement is:

Award Statement. Award will be made to that responsive and responsible offeror (1) whose proposal is technically acceptable and (2) whose technical/cost relationship is the most advantageous to the Government. The critical factor in making any cost/technical trade-offs is not the spread between the technical ratings, but rather the significance of that difference. The significance of the difference in ratings will be determined on the basis of what that difference is and what it would cost the Government to take advantage of it. Award may not necessarily be made for technical capabilities that would appear to exceed those needed for fulfilling the requirements of this contract. The Government reserves the right to make cost/technical trade-offs that are in the best interest and to the advantage of the Government.

Q.23 Will you accept alternate contractors?

A. If you are talking about in addition identifying your sub-contractors if you propose any, then in addition providing a backup to them should they fall through – then yes, that would make sense to do. This question is borne out of the next question below where there was a concern in having a long, up to many months delay, in the making of the award thus proposed sub-contractors may have backed out during the long wait.

Q.24 There have been some significant delays in awaiting for award decisions from solicitations issued by the USFS EROC’s. How soon will we know the results of this one?

A. We anticipate handing the evaluation and award process within 21 days after the solicitation closes. Baring any unforseen complications. This solicitation though issued by the EROC, is, as stated in the SF-33 cover, adminstired by the more local acquisition office, the IMAT in Coeur d’Alene, ID that covers the Kootenai National Forest and will be locally evaluated and awarded.

Please review the Attachment that is part of Amendment No. 5 and is separatley uploaded on FedBizOpps and should appear directly below this document.